Judge: Are prosecutors planning to 'tank' child rape case?

Northampton County prosecutors may not, after all, drop sex-assault charges against a Bangor man as they had planned.

Instead, they may ask for a trial, go in front of the judge, say they have no evidence and allow his defense attorney to request a dismissal.

That was the latest twist Friday in the strange case of Ronald E. Hockenberry, 45, who has been in prison for 13 months on allegations he sexually abused two children, both with his wife and separately.

On Monday, prosecutors said they cannot sustain the charges against him, and they asked Northampton County Judge Stephen Baratta to dismiss them. But Baratta refused, saying he wants first to hear from the 16-year-old boy who testified against Hockenberry in August.

A trial with no evidence would be another route to the same end sought by Assistant District Attorney Patricia Broscius and defense attorney Thomas Egan III.

It was outlined Friday by Egan as he stood with Broscius and his client and requested Hockenberry's release on unsecured bail, saying he will one day be an exonerated man.

The potential legal maneuver didn't make Baratta happy, and he said it would be a "silly move." Turning to Broscius, he asked whether she really intended to go through the motions of beginning a trial, then present no evidence and "turn to me and say, 'See? See what you made me do?' "

Broscius, a veteran sex crimes prosecutor, asked Baratta if that was really a question.

Baratta said it was and offered to repeat it.

"It is not phrased in a way I would want to answer," Broscius said.

When asking earlier this week for the charges to be dismissed, Broscius said she no longer believes the boy's testimony is credible. She said his story changed many times; the girl denied she was abused by Hockenberry; and the wife, Brenda Hockenberry, has recanted testimony she offered against him as part of a plea agreement in her case.

"At this point, I do not have credible evidence to bring the case forward to trial," Broscius said Friday.

Three months ago, the boy testified at length and in graphic detail about what he said was a five-year string of rapes and other deviate sexual acts. Baratta, who presided, found it "compelling and moving," and he ruled at the time that it was enough for the case to go forward.

Egan agreed the case is unusual, though his comments appeared directed at the judge.

"I've been practicing 27 years," Egan said. "I've never seen this."

Baratta did not rule on Hockenberry's bail request, saying he needs more time to consider it.

Brenda Hockenberry has not been sentenced on sex offense charges she admitted to as part of her plea deal. Both children have been consistent in their accounts of her abuse, and prosecutors intend to continue their case against her, Broscius has said.